Covers 'physical or mental disability' in any public accommodation (§ 28-1-7(F)). A customer must first file with the NM Human Rights Bureau; court comes only by trial de novo after a commission order or a waiver/order of nondetermination (§§ 28-1-10, 28-1-13), where the court may award actual damages and reasonable attorney fees. No fixed per-violation amount. On top of that, the federal ADA applies in New Mexico as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.
The law
The federal baseline
ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in New Mexico and everywhere else.
Lawsuits in New Mexico
The lawsuit tracker has no indexed court records from New Mexico yet.
Questions
Can a business in New Mexico be sued over an inaccessible website?
Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under New Mexico law a person can sue the business directly. We found no court decision applying New Mexico law to a website.
What is the minimum a New Mexico court awards for a website accessibility violation?
New Mexico law sets no fixed minimum per violation. Covers 'physical or mental disability' in any public accommodation (§ 28-1-7(F)). A customer must first file with the NM Human Rights Bureau; court comes only by trial de novo after a commission order or a waiver/order of nondetermination (§§ 28-1-10, 28-1-13), where the court may award actual damages and reasonable attorney fees. No fixed per-violation amount.
Do I pay the plaintiff's lawyer if I lose or settle in New Mexico?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). New Mexico law also provides for attorney's fees.
Which accessibility standard should a New Mexico business website meet?
The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.